Tag Archives: Personal Injury

An apartment complex and its management company should have been granted summary disposition of plaintiff’s personal injury claim arising from a trip-and-fall incident on the sidewalk to the front entry to his building.

Where plaintiff’s claim for attendant care and replacement services could be properly characterized as “so excessive as to have no reasonable foundation,” the trial court properly awarded a no-fault insurer more than $13,000 in attorney’s fees.

Where a high school athlete suffered heat stroke during a conditioning camp, a jury must decide whether defendant coaches were grossly negligent by allegedly forcing plaintiff to continue his activities while he was visibly struggling and without speaking to him to assess his condition.

A plaintiff who settled his no-fault claim against the other driver by accepting a case evaluation cannot make a claim for benefits against his underinsured motorist policy because he did not obtain the insurer’s permission to make a settlement.

July 5, 2016Comments Off on Governmental Immunity – Post-accident photo does not show that pre-accident flaw existed

Plaintiff’s photographs of a sidewalk defect taken 30 days after her trip-and-fall accident, do not, without more, establish that the defect existed at least 30 days before her accident, which is a prerequisite for suing defendant under the highway exception to governmental immunity.

A plaintiff who tripped on a three-inch difference in height where two slabs of concrete met at a street’s centerline provided sufficient evidence from which a jury could conclude that the city did not keep the highway in reasonable repair.